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Study On System Of Probation Of Our Country

Posted on:2008-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:F F LiuFull Text:PDF
GTID:2166360212993077Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
System of Probation , as one of the most important systems of penalty execution, if being properly applied , it will not only improve the aspects of prisons ,but also cut down the rate of re-crimes. On the basis of these functions , it has been generally adopted by many countries, and the limits is expanding. In our country, since is released in 2003, as one of community-based corrections, probation attracted our attention again. Some practical problems are unavoidable, which reveals that something need to be improved in both legislative and judicial aspects. Seeing that probation plays an important part in the implementation of penalties, I decide to study probation on the achievements of older generations.Through the introduction of the origin, we will get a macroscopic knowledge of the development of probation in some countries; through the comparison of old and new criminal laws on probation , we will recognize the progress in our legislation. I think that it's not enough to study probation just by annotating, so I will analyze it theoretically, then I will study its value further to enrich our study. As the development of criminal theory and penalty , probation arrived, which reflects the pursuit of values, so it's meaningful to study the values. System of probation is global, and there are many differences among countries in policy ,culture and so on, which makes the rules of probation different. For the purpose of the perfection, it is necessary for the comparison. For avoiding a lengthy discuss and any other limits, I just compared with America, England, France, Germany, Japan, on the origin, type, application, inspection and cancellation and so on. To give full play to probation's professional skill, we should not only try our best to reduce the loopholes in legislation ,but also apply it appropriately. The application of probation is good in general, but there are still some flaws. Regarding to these flaws, I make some recommendations on the quality of judges , application , inspection and type ,to make a contribution to the perfection of the system of probation in our country.
Keywords/Search Tags:System of Probation, Theoretical Foundation, Values, Comparison, Perfection
PDF Full Text Request
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